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(영문) 수원지방법원 2015.05.27 2013구합17504
개발부담금부과처분 취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On September 13, 2010, the Plaintiff obtained approval from the Defendant for a housing construction project (hereinafter “instant housing construction project”) with a content that constructs a total site area of 2,272 square meters, 36 households of 2,272 square meters, and 36 households of 2,272 square meters, 302 square meters, C forest land, 402 square meters, D road 292 square meters, E forest land, 311 square meters, 571 square meters, G 97 square meters (hereinafter “each of the instant lands”).

B. Since then, the Plaintiff completed the instant housing construction project on each of the instant land, and obtained approval for the use of the relevant building from the Defendant on April 13, 2012.

C. On October 29, 2012, the Defendant decided and notified the Plaintiff of the determination and imposition of development charges of KRW 346,979,340 (hereinafter “instant development charges”) as stated in the following table on the development gains accrued from each of the instant land due to the instant housing construction project (hereinafter “instant disposition”).

(1) The output amount of the table: <3,073,761, 179, 596, 219, 583, 377, 5725, 387, 917, 392, 52, 342, 239 development charges 346, 979, 340, 340

D. On January 23, 2013, the Plaintiff filed an administrative appeal with the Central Land Expropriation Committee, but was dismissed on September 26, 2013.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 3 evidence, Eul's 1 through 6, and 13 evidence (including each number), the purport of the whole pleadings and arguments

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The Plaintiff: (a) removed a restaurant building operated in the name of the Plaintiff on the 6th land, including the instant site, on the 6th square meters, B, 600 square meters, F, 571 square meters, G, 97 square meters, and a total area of 1,268 square meters (hereinafter “instant site”); and (b) carried out the instant housing construction project on the 6th land, in which the instant site was located.

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